TOWER ENGG WORKS Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) This revision under Section 115 of CPC is directed against the order dated 15-9-95, passed by 7th ADJ, Bhopal in C.S. No. 61-B/89. The plaintiff/non-applicants Union Bank of India instituted C.S. No. 61-B/89 in the Court of 7th ADJ, Bhopal for recovery of arrears of debt valued at Rs. 1,70,392.60/- with interest etc. Defendant/applicant filed a counter-claim of Rs. 63,55,834/- and also claimed exemption from payment of court-fee on the ground of State Government Notification dated 1-4-1983. The exemption from payment of court-fee, as claimed has been resisted by the defendant/non-applicant. Vide impugned order dt.15-8-95, the Court-below held that in any case the annual income of applicant at the time of filing of counter-claim was more than Rs. 6000/- and that defendant/applicant is not entitled to seek exemption from payment of court-fee with reference to the State Government notification dated 1-4-83. Hence, this revision.

(2.) State Government Notification No.F-9-83-XXi dated 1st April, 1983 is under :-

(3.) In M/s. Chandulal Ghasiram v. Central Bank of India, 1991 (2) MPJR 163 and Ramswaroop Vashistha v. State of M. P., 1991 (2) MPJR 166, it has been held that the notification is restricted to plaint only. It does not apply to memorandum of appeal etc. Under Order 8, Rule 6-A, a defendant in a suit may, in addition to his right of pleading a set-off under Rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff. Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim. Sub-Rule (4) is to the effect that counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.